akistan has recognised the importance and effectiveness of mediation as an alternative dispute resolution mechanism to alleviate the burden on its traditional court system. The overwhelming burden leads, among other thing, to frustrating delays in justice. Mediation offers a less formal, more cost-effective and faster way to resolve disputes than conventional litigation.

Several laws have been enacted to facilitate and promote mediation. The Alternative Dispute Resolution Act, 2017, aims to encourage the resolution of civil and commercial disputes outside the traditional court system. The law allows parties to choose from various ADR methods, including mediation, to settle disputes.

The Legal Framework Order and amendments to the Code of Civil Procedure also encourage the use of ADR mechanisms. Courts are now empowered to refer cases to mediation, helping reduce the backlog of cases. Various mediation centres and committees have been established across the country. Lahore High Court and Islamabad High Court have set up mediation centres to facilitate the resolution of disputes. These centres provide trained mediators who assist the parties in reaching a mutually agreeable solution.

There has been a significant focus on training mediators. Various organisations, in collaboration with international agencies and local bar councils, have organised training programmes to enhance the skills of legal practitioners in mediation. Efforts have been made to raise awareness about the benefits of mediation through seminars, workshops and conferences. These events target legal practitioners, business communities and the general public to promote mediation as a viable alternative to litigation. Some law schools and universities in Pakistan have started including ADR methods, including mediation, in their curriculum. This initiative aims to familiarise future legal professionals with mediation from an early stage.

Despite these efforts, mediation faces challenges in Pakistan, including cultural norms that may prefer traditional court litigation or informal local dispute resolution mechanisms like jirgas in tribal areas. However, the government and judiciary’s continued support for ADR methods and increasing public awareness are gradually overcoming these hurdles.

The success of mediation as an ADR method in Pakistan also depends on developing a robust legal framework, the availability of trained mediaries and public trust in the process. As these aspects continue to improve, mediation is expected to play an increasingly significant role in Pakistan’s justice system, offering a quicker, more accessible and less adversarial way to resolve disputes.

Encouraging lawyers to motivate their clients to mediate requires a multifaceted approach that addresses the benefits of mediation for both the clients and the lawyers themselves.

Lawyers should highlight the cost savings associated with mediation compared to prolonged litigation. This can be a significant incentive for clients, especially those concerned about legal expenses. Pointing out the speed of mediation in resolving disputes can be particularly appealing to clients looking for a quicker resolution. Lawyers can also emphasise that mediation offers parties more control over the outcome and a more flexible process than the rigid court procedures.

Lawyers should be trained to assess the needs and interests of their clients comprehensively, recognising when mediation could better serve those interests than litigation. Lawyers who successfully complete mediation training and actively participate in mediation processes could be recognised or accredited by professional bodies. This recognition can serve as an incentive. Offering continuing legal education creditss for lawyers who undergo mediation training or participate in mediation-related seminars and workshops. This can encourage lawyers to become more involved in mediation.

Sharing success stories and case studies where mediation led to favourable outcomes can help change the perception that success only comes through litigation.

Sharing success stories and case studies where mediation led to favourable outcomes can help change the perception that success only comes through litigation. In Pakistan, where judgment reporting is the only way to rely on decided cases and precedents, a parallel mechanism can be drawn up for mediation reporting as well so that previous mediation precedents may encourage and guide future lawyers. Additionally, because the progression of legal practitioner licences throughout the court hierarchy heavily depends upon the number of reported judgments or adversarial cases, young lawyers are discouraged from pursuing matters out of court or otherwise encouraging their clients to pursue mediation. A possible remedy to this situation could be to include successful mediations in the category of decided cases for the qualification criteria of High Court and Supreme Court licenses.

Guidance in professional ethics can encourage lawyers to consider the best interests of their clients, including recommending mediation where appropriate. Further legal requirements can be incorporated into legal regimes for areas other than family laws, in order for parties to consider or attempt mediation before proceeding to litigation. This can make mediation a standard phase in the dispute-resolution process. Courts or legal systems could offer reduced filing fees or other financial incentives for parties who attempt mediation before filing a lawsuit.

By employing these strategies, the legal profession can foster an environment where mediation is viewed as a viable - even preferable - alternative to litigation. Such a shift can not only benefit the clients by providing more satisfactory, quicker and less expensive resolution to disputes but also enhance the legal system’s efficiency by reducing the burden on courts.

Among Muslim countries the United Arab Emirates and Malaysia stand out with their integration of mediation into both their civil and Shariah law systems. The UAE has been at the forefront in the Middle East for embracing ADR methods, including mediation. It has established specialised centres such as the Dubai International Arbitration Centre and the Abu Dhabi Commercial Conciliation and Arbitration Centre, which offer mediation services. The Dubai International Financial Centre Courts and the Abu Dhabi Global Market Courts also encourage the use of mediation for dispute resolution. The UAE’s approach to mediation is notable for its embrace of international best practices and efforts to position itself as a global hub for dispute resolution.

Malaysia is particularly notable for integrating mediation into both its civil legal system and its Islamic legal system (Shariah courts). The Malaysian Mediation Centre, established by the Malaysian Bar Council, plays a significant role in providing mediation services and training. Additionally, court-annexed mediation is encouraged. The Mediation Act, 2012, provides a legal framework for mediation. Malaysia’s efforts to promote mediation include the resolution of commercial disputes, family matters and other civil disputes through mediation.

Tailoring mediation practices to fit Pakistan’s unique cultural and legal context, drawing on the success of the UAE and Malaysia, can significantly improve dispute resolution efficiency and effectiveness in Pakistan, promoting faster and more amicable settlements.

The writer is an advocate of the High Court, a founding partner at Lex Mercatoria and a visiting teacher at Bahria University’s Law Department. She can be reached at minahil.ali12@yahoo.com